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HomeMy WebLinkAbout112468 FELSBURG HOLT & ULLEVIG INC - PURCHASE ORDER - 2206648City of F�ort Collins PURCHASE ORDER PO Number Page 2206648 1of2 This number must appear on all invoices, packing slips and labels. Date: 02/09/2012 Vendor: 112468 Ship To: PARKING SERVICES FELSBURG HOLT & ULLEVIG INC CITY OF FORT COLLINS 6300 S SYRACUSE WAY #600 215 N MASON, 1ST FLOOR CENTENNIAL Colorado 80111 FORT COLLINS Colorado 80524-4 Delivery Date: 09/16/2002 Buyer: JOHN STEPHEN Note Line Description Quantity UOM Unit Price Extended Ordered Price 40 Change Order 19 1 LOT EA 16,500.00 Total $16,500.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt limns state and local taxes. Our Exemption Number is 11. NONWAIVER. 9R-f11502. Fenders] Excise Tax Exemption Certificate of Registry R4-600(1587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue. Dcmer. Colorado (Ref. Colorado Revised Stamtes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or paymcnt for good hereunder or approval of the design, shall not recast the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, cilha when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be licensed is waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict perfovnance hcrcofor any of its rights or remedies as to any such good, regardless imulctiens from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hncunder, nor shall any purported oral ams ifcatinn or omission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS am subject to the City of Fort Collins inspection on arrival, hereof. Final Acceptance Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting front antitmst ACCEPTANCE is dependent upon completion ofall applicablc requited inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hercn Ocr Freight Tests. Shipments most be F.O.K. City of Fen Collins. 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state animist laws for such overcharges relating to the r: aicular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manu Lammers have distributing points in various parts of the country, shipment is expected From the nearest distribution point to destination. and excess freight will be deducted from Invoice when shipments arc made from greater distance. Permits Seller shall procure at sellers sole cost all necessary permits, certificates and licenses tequircd by all applicable laws, regulations, ordinances and mles of the state, municipality, territory of political sidal kision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendur. Scllcr further agrees to hold the City of Fan Collins harmless from and against all liability and Ins,. incurred by them by reason of an asserted or established violation of any such laws, regulations ordinances. roles and requirements, Authorization. All patties to this contract agree that the representatives am, in fact, bona fide and possess fill] and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temts and conditions stated herein act forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different mines and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and perficars must be effected is ithin the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers inchuding, without limitation, acceptance ofparlial late deliveries, shall operate ass waiver of this prevision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies. the option nfplacing this order elsewhere and holding the Seller liable for damages However. the Seller shall not be liable for damages as a result of delays due to causes mu reasonably foreseeable which are beyond its reasonable control and without its fruit of negligence. such acts of God, acts ofeivil or military authorities, governmental priadtics, lines. strikes. flood, epidemic,. wars or riots provided that notice of the conditions causing such delay is given to the Purchuser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of del ive, shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Scllcr warrants that all gads, articles, materials and work covered by this order will eon form with applicable drawings, specification, samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may sa flier or incur on account of the Sellers breach of warranty. The Scllcr Shall replace, repair or make good. witheaW cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Set let a per the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller, Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liabi ]try hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of usc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal terns, including additions to or deletions from the quantities originally omitted in the spocifieasions or drawings, by verbal or written change order. If any such change affects the amount due or the time ofpMommance hacunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the rerehascr shall not be liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered mmunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change on ncmrinatioo is ordered. 9. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to eliect or evidence compliance. All laws and regndztions required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such Irv. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order. or any monies due or to become disc hereunder without the prior written consent of then other party. 10.TITLE. The Seller warrants full. clear and unrestricted title to the Purchaser for all equipment. materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations. security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Scllcr and the Seller thereafter indicates its inability, or unwillingness to comply, the Pnrchascr may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated avith such,ark. The Seller shall release the Purchaser and it contractors of any tier From all liability and claims of any nature resulting homes the performance ofsuch work, This release shall apply even in the evens of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch parry. The Seller's contractual obligations, including wam, my. shall not be deemed to be reduced. in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS, Whenever the Seller is required to astray design, device, material or process covered by letter, patent. trademark or copyright, the Seller shall indemnify and save hassles the Purchaser fmm any and all claims for infringement by reason of the use of such pebmed design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution on after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is is such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans. replace the same with substintinlly equal bra noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a receiver or tri for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terra used or the interpretation of the agreement and the rights ofell panic hereunder shall be construed under and gnvcmcd by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform wok hereunder. including the services of Sellers Reprcsentativc(s), on the premises crashers. 17, SELLERS RESPONSIBILITY. The Seller shall carry on slid work at Sellers own risk until the same is fully completed and accepted, and shall. in case of any accident. destruction or injury to the work and/or materials before Scllcr's fool completion and acceptance, complete the work at Scllers own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller. the Seller shall receive unload, store and handle same n1 the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. I R. INSURANCE. The Scllcr shall. at his own expense. Provide for the payment of workess compensation, including accupatinual disease benefits. to its employees amploycd on or in connection with the Work covered by This purchase order. and/or to their dependents in accordance With the laws of she state in which the work is to he done. The Seller shall also carry compschensive general liability including, but not limited to. contractual and automobile public liability inwuance wish be,lily injury and death limits of at least 5300,000 for any one Person, S500,0011 Rbr any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchase, with a certificate that such compensation and insurance have been provided. Such certificates, shall specify the date when such compensation and insurance have been provided, Such cenificatcs shall specify she date when such comprnsasion and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility, and liability for any and all damage, loss or injury of any kind or nature whatsoever to person or property caused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any or all of the Purchasers officers. agents and employees form and against any and all claims, losses. damages, charges or expenses, whether direct or indirect, and whither to persons or property to which the Purchaser may be put or subject by reason of any act anion. neglect, omission or default on the pan of the Seller, any of his contractors or any of the Scllers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to nsasme the defense thereof and to defend the same al the Sellers own expense, to pay any and all costs, charges, attorneys fees and other cvpcnses. any and all judgments thin may be incurred by on obtained against the Purchaser or any of its or their officers, agents or employees in such .suits or other proceedings. and in case judgment or other lien be placed upon or obtained against the pmperty, of she Purchaser, or said panics in or as a result of such suits or other proceedings, the Scllcr mill at once cause she same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for she pm%cntion of accidents. comply with nil Imes and rcgotntions with regard to safety including, but without lisiation, the Occupational Safety and health Act of 1970 and all rulesand regulations issued Putman thcrcto. Revised 0312010 Excluded Parties List System Page I of 1 R,PIL SP E�ccJ(�idedl G'art�;es; List S;yrste, i Search - Current Exclusions > Advanced Search > Multiple Names > Exact Name and SSNfTlN > MyEPLS > Recent Updates > Browse All Records View Cause and Treatment Code Descriptions > Reciprocal Codes > Procurement Codes > Nonprocurement Codes Agency & Acronym Information > Agency Contacts > Agency Descriptions > State/Country Code Descriptions OFFICIAL GOVERNMENT USE ONLY > Debar Maintenance > Administration > Upload Login Search Results for Parties Excluded by Firm, Entity, or Vessel : Felsburg Holt & Ullevig State: COLORADO Country: UNITED STATES As of 09-Feb-2012 2:21 PM EST Save to MyEPLS Your search returned no results. 1 Back New Search Printer -Friendly Resources > Search Help > Advanced Search Tips > Public User's Manual > FAQ > Acronyms > Privacy Act Provisions > News System for Award Management > (SAM) Reports > Advanced Reports > Recent Updates > Dashboard Archive Search - Past Exclusions > Advanced Archive Search > Multiple Names > Recent Updates > Browse All Records Contact Information > For Help: Federal Service Desk https://www.epls.gov/epls/search.do,jsessionid=8DEF97493EC80979688BC7ACDCD395CF 2/9/2012 Title: FHU Change Order 19 PO 2206648 P842 Date: 2-2-12 CONTRACT CHECKLIST FOR NON-COMPETITIVE PROPOSALS (SOLE SOURCE) Checklist Item Contract File Comments Location 7) Independent Cost Estimate The City made and documented an Yes dated 12-14-11 independent cost estimate before receipt of proposals. 10) Unnecessary Experience and Excessive Bonding Unnecessary experience and excessive NA bonding requirements were not included in this solicitation or contract documents. 11) Organizational Conflict of Interest (OCI) If there is an apparent or potential OCI the solicitation contains provisions to eliminate or mitigate the conflict (e.g. by inserting a clause NO that prohibits the contractor from competing for the follow-on contract to the current design or research contact) and OCI Certification is submitted by the contractor. 12) Arbitrary Action There was no arbitrary action in the procurement process. (An example of arbitrary action is when award is made to NO other than the contractor who most satisfied all the City requirements as specified in the solicitation and as evaluated by staff. 13) Brand Name Restrictions Brand Name or Equal. When it is impractical or uneconomical to provide a clear and accurate description of the technical requirements of the property to be acquired, a "brand name or equal" description may be used to define the performance or other salient characteristics of a specific type of property. The City must identify the salient characteristics of the named brand that NA offerors must provide. When using a "brand name" specification, the City does not need to reverse -engineer a complicated part to identify precise measurements or specifications in order to describe its salient characteristics. FT A's "Best Practices Procurement Manual," (BPPM) contains additional information on preparation of specifications including examples with specific language. 14) Geographic Preferences The solicitation contains no in -State or local NA geographic preference except where Federal statutes mandate or encourage them. 15) Contract Term Limitation The contract period of performance for rolling stock and replacement parts does not exceed five (5) years inclusive of options without prior NA written FTA approval. For all other types of contracts, the procurement file contains evidence that the contract term is based on sound business judgment. 18) Award to Responsible Contractor The City made a determination that it was awarding to a responsible contractor considering such matters as contractor integrity, compliance with public policy, record of past performance, and financial and 1 • y technical resources. 2. y 1. Appropriate Financial, equipment, facility 3 y and personnel. (Y/N) 4 y 2. Ability to meet delivery schedule. (Y/N) 5. y 3. Satisfactory period of performance. (Y/N) 4. Satisfactory record of integrity, not on declined or suspended listings. (Y/N) 5. Receipt of all necessary data from vendor. (Y/N) 19) Sound and Complete Agreement This contract is a sound and complete agreement. In addition, it includes remedies Original Contract dated 9-16-02 for breach of contract and provisions covering termination for cause and convenience. 24) Clear, Accurate, and Complete Specification A complete, adequate, and realistic specification or purchased description was YES available and included any specifications and pertinent attachments which define the items or services sought in order for the bidder to properly respond. 38) Sole Source if other Award is Infeasible The contract file contains documentation that award of a contract was infeasible under small purchase procedures, sealed bids, or competitive proposals and at least one of the following circumstances applies: (1) The item was available only from a single source. (Verify prices are no higher than price for such item by likely customers.) YES (2) Public exigency for the requirement did Number 1 not permit a delay resulting from a competitive solicitation. (3) An emergency for the requirement did not permit a delay resulting from a competitive solicitation. (4) The FT A authorized noncompetitive negotiations. (5) Competition was determined inadequate after solicitation of a number of sources. 39) Cost Analysis Required Cost analysis and profit negations were performed (initial award and modifications) And documented for price reasonableness Yes,and is in the file was established on the basis of a catalog or market price of a commercial product sold in substantial quantities to the general public or on the basis of prices set by law or regulation. 40) Evaluation of Options The option quantities or periods contained in the contractor's bid or offer were evaluated in order to determine contract award. (To be NA eligible for Federal funding, options must be evaluated as part of the price evaluation of offers, or must be treated as sole source awards. 42) Written Record of Procurement History The file contains records detailing the history of this procurement. At a minimum, these 1. yes records include: 2. yes (1) the rationale for the method of 3. yes procurement, (2) Selection of contract type, 4. Baker and FHU price review (3) reasons for contractor selection or rejection, and 4 the basis for the contract price. 43) Exercise of Options The grantee exercised an option on this contract adhering to the terms and conditions of the option stated in the contract and determined that the option price was better NA than prices available in the market or that the option was a more advantageous offer at the time the option was exercised. If an option was not exercised under this contract, check NA. 44) Out of Scope Changes The grantee amended this contract outside the scope of the original contract. The amendment was treated as a sole source YES procurement (complying with the FTA requirements for a justification, cost analysis and profit negotiation). 45) Advance Payment Provisions The contractor did not receive an advance payment utilizing FTA funds and the contract CORRECT does not contain advance payment provisions or, if it did, prior written concurrence was obtained from FTA. 46) Progress Payment Provisions The contract contains progress payments based on costs incurred (as opposed to percent of completion) and the contract contains a provision giving the grantee title to YES property (materials, work in progress, and finished goods) for which progress payments are made. The contract may contain other security in lieu of obtaining title. 47) Time and Materials Contracts This is a time and materials contract; the grantee determined that no other type of NO contract is suitable; and the contract specifies a ceiling rice. 48) Cost Plus Percentage of Cost This is not a cost plus a percentage of cost NA type contract. 49) Liquidated Damages Provisions This contract contains liquidated damages provisions and the assessment for damages NO is specified in the contract at a specific rate per day for each day of overrun in contract time. 50) Piggybacking 1) The file contains: Assignability provisions. NO 2) The procurement file contains: Price reasonableness determination. 56) Clauses This contract contains the appropriate FTA YES required clauses. Excluded Parties Search YES EPS run and include in the file.